N.Y. Comp. Codes R. & Regs. Tit. 14 § 687.6 - Voluntary discontinuance of operation
(a) In the event that the holder of an
operating certificate for a family care home wishes to cease the operation or
conduct of any of the activities, as defined in this Part, for which such
certificate has been issued, wishes to transfer ownership or possession of the
premises in which such activities are being conducted or elects not to apply to
OPWDD for recertification upon the expiration of any current period of
certification, it shall be the duty of the family care provider to give OPWDD
and the sponsoring agency written notice of such intention not less than 60
days prior to the intended effective date of such transaction.
(b) Such notice shall set forth a detailed
plan developed in conjunction with OPWDD and the sponsoring agency which makes
provision for the safe and orderly transfer of each individual served by the
family care provider into a program of services appropriate to each
individual's ongoing needs.
(c) The
family care provider shall not cease to provide any such services to any
individual under any of the circumstances described in this section until the
notice and plan required hereby are received, reviewed and approved by the
sponsoring agency and OPWDD, with OPWDD having final authority to
approve.
(d) For the purposes of
this section, the requirement of prior notice and continuous provision of
programs and services by the family care provider shall not apply to those
situations and changes in circumstances directly affecting the family care
provider that are not reasonably foreseeable at the time of occurrence,
including but not limited to death or other sudden incapacitating disability or
infirmity. Written notice shall be given to OPWDD and the sponsoring agency as
soon as reasonably possible thereafter, in the manner set forth within this
section.
Notes
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